
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC4507]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart C--Employee Performance
 
                      CHAPTER 45--INCENTIVE AWARDS
 
            SUBCHAPTER I--AWARDS FOR SUPERIOR ACCOMPLISHMENTS
 
Sec. 4507. Awarding of ranks in the Senior Executive Service

    (a) For the purpose of this section, ``agency'', ``senior 
executive'', and ``career appointee'' have the meanings set forth in 
section 3132(a) of this title.
    (b) Each agency shall submit annually to the Office recommendations 
of career appointees in the agency to be awarded the rank of Meritorious 
Executive or Distinguished Executive. The recommendations may take into 
account the individual's performance over a period of years. The Office 
shall review such recommendations and provide to the President 
recommendations as to which of the agency recommended appointees should 
receive such rank.
    (c) During any fiscal year, the President may, subject to subsection 
(d) of this section, award to any career appointee recommended by the 
Office the rank of--
        (1) Meritorious Executive, for sustained accomplishment, or
        (2) Distinguished Executive, for sustained extraordinary 
    accomplishment.

A career appointee awarded a rank under paragraph (1) or (2) of this 
subsection shall not be entitled to be awarded that rank during the 
following 4 fiscal years.
    (d) During any fiscal year--
        (1) the number of career appointees awarded the rank of 
    Meritorious Executive may not exceed 5 percent of the Senior 
    Executive Service; and
        (2) the number of career appointees awarded the rank of 
    Distinguished Executive may not exceed 1 percent of the Senior 
    Executive Service.

    (e)(1) Receipt by a career appointee of the rank of Meritorious 
Executive entitles such individual to a lump-sum payment of an amount 
equal to 20 percent of annual basic pay, which shall be in addition to 
the basic pay paid under section 5382 of this title or any award paid 
under section 5384 of this title.
    (2) Receipt by a career appointee of the rank of Distinguished 
Executive entitles the individual to a lump-sum payment of an amount 
equal to 35 percent of annual basic pay, which shall be in addition to 
the basic pay paid under section 5382 of this title or any award paid 
under section 5384 of this title.

(Added Pub. L. 95-454, title IV, Sec. 406(a), Oct. 13, 1978, 92 Stat. 
1170; amended Pub. L. 105-277, div. A, Sec. 101(h) [title VI, 
Sec. 631(a), (b)], Oct. 21, 1998, 112 Stat. 2681-480, 2681-523.)


                               Amendments

    1998--Subsec. (e)(1). Pub. L. 105-277, Sec. 101(h) [title VI, 
Sec. 631(a)], substituted ``an amount equal to 20 percent of annual 
basic pay'' for ``$10,000''.
    Subsec. (e)(2). Pub. L. 105-277, Sec. 101(h) [title VI, 
Sec. 631(b)], substituted ``an amount equal to 35 percent of annual 
basic pay'' for ``$20,000''.


                    Effective Date of 1998 Amendment

    Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 631(c)], Oct. 
21, 1998, 112 Stat. 2681-480, 2681-523, provided that: ``The amendments 
made by this section [amending this section] shall take effect on 
October 1, 1998, or the date of enactment of this Act [Oct. 21, 1998], 
whichever is later.''


                             Effective Date

    Section effective 9 months after Oct. 13, 1978, and congressional 
review of provisions of sections 401 through 412 of Pub. L. 95-454, see 
section 415(a)(1), (b), of Pub. L. 95-454, set out as a note under 
section 3131 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3151, 5384 of this title; 
title 10 section 1606; title 22 section 3965; title 31 section 733; 
title 38 sections 7404, 7425.
